A Gobabis resident accused of carrying out a fatal assault on his pregnant girlfriend three years ago has now been found guilty on a charge of murder.
Jacobus Gawaseb (29) was convicted on a count of murder, committed with a direct intention to kill, in a judgement delivered by judge Dinnah Usiku in the High Court at Windhoek Correctional Facility on Monday.
Usiku concluded that the state proved beyond a reasonable doubt that Gawaseb committed the crime of murder with a direct intention to kill.
Gawaseb admitted during his trial that he assaulted his then girlfriend, Fransiska Naobes (24), in the Epako area of Gobabis during the night of 2 to 3 March 2023.
Gawaseb said in a plea statement that he assaulted Naobes with a knobkierie and with his fists, and admitted that he knew the assault could cause her death.
He also admitted that his actions caused Naobes’ death.
However, he did not admit that he had a direct intention to kill Naobes, who died in a hospital in Windhoek on 19 April 2023.
The baby Naobes was pregnant with was born prematurely on 7 April 2023 while she was in hospital.
The baby, named Francis Miracle Naobes, was placed in the care of her mother’s family member, but later died due to malnutrition, the court was informed during Gawaseb’s trial.
In her judgement, Usiku recounted that according to two witnesses who testified during the trial Gawaseb said he would kill Naobes and would finish what he started during the assault on her.
Gawaseb’s remarks clearly showed he had a direct intention to bring about Naobes’ death when he assaulted her, Usiku said.
She also noted that Naobes sustained multiple injuries to her head, which is a vulnerable part of the human body, and that Gawaseb used a metal knobkierie, which is a lethal weapon, in the assault.
Naobes died as a result of head injuries.
Gawaseb testified that he got upset and began to assault Naobes after she remained silent when he confronted her about a claim he had heard that he was not the father of her unborn baby.
Having been convicted, Gawaseb has to appear in court again on 17 July for a presentence hearing. He is being held in custody.
Defence lawyer Melissa Windisch is representing Gawaseb.
State advocate Sakaria Mupuma is prosecuting.
